Does the aid and advice of Council of Ministers are binding on Governor?

Article 163(3) is applicable to the Governors of states exactly similar to Article 74(2). When cabinet ministers / meeting minutes are not supporting the advice given to the Governor, he can act in his discretion without violating the constitution.

Who can advise the Governor?

(Article 161). There shall be Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.

Is advice of Council of Ministers binding on President Upsc?

Is the advice tendered by the Council of Ministers’ binding on the President? Yes, the advice is binding on the President and this provision was introduced by the 42nd Amendment Act 1976 and 44th Amendment Act 1978.

Why do you think is the advice of the council of minister binding on the President?

The advice of the Council of Ministers is binding on the President in a parliamentary executive because the Council of Ministers is an elected executive that has the support of the majority in the legislature. It also emphasises the supreme authority of elected representatives in a Republic.

What does Article 163 say?

Council of Ministers to aid and advise Governor. (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

Is Governor a constitutional post?

The Constitution vests in the Governor all the executive powers of the state government. The governor appoints the chief minister of a state, the Advocate General and the chairman and members of the State Public Service Commission.

Who advise the governor to perform his duties?

Council of Ministers to aid and advise Governor: (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

What are rights why are they important?

Rights are primarily those state-recognised claims that every individual regard to be necessary for leading a life of respect and dignity. Rights are important as they help individuals to develop their capacity to reason, develop their skills and enable them to make informed choices in life.

How can the public servants be removed class 11?

He can be removed from his office by an impeachment only for violation of the constitution. This may be initiated by either house of parliament and if it is passed by 2/3 majority of the total membership of the house, then it is sent to the other house.

Are governors bound by the advice of the Council of Ministers?

While the President is bound by the advice of the Council of Ministers in the discharge of all his functions, in the case of Governors the aid and advice provision to article 163 applies “except in so far as” the Governor is required to function “in his discretion”.

Can the governor refuse a request of the cabinet?

But the actions of the Governor, when using his discretionary powers can be challenged in court. A number of rulings by the Supreme Court have settled the position that the Governor cannot refuse the request of a Cabinet that enjoys the majority in the House unless it is patently unconstitutional.

Does governor Kamla Beniwal have exclusive right to appoint Lokayukta?

Governor Kamla Beniwal’s version, stated in her letter dated March 3, 2010, that she was not bound by the aid and advice of the Council of Ministers and that she had the exclusive right to appoint the Lokayukta “is most certainly not in accordance with the spirit of the Constitution,” the Bench said.

Are Indian legislators accountable to the people?

The legislator is accountable to voters, and the government is accountable to legislators. In India, this chain of accountability has been broken by making legislators accountable primarily to the party.